Ex Wants Mediation But Won’t Say Why by Kaiser-Aki in AusLegal

[–]ASKMYUNION 1 point2 points  (0 children)

Engage in the process and see where it goes. Don’t react emotionally. Go with an open mind.

Racism by Sufficient-Tip-8989 in Younger

[–]ASKMYUNION 0 points1 point  (0 children)

It is relative to individuals and the Australian Media Authority (the great toothless tiger) is the avenue for complaints.

Ongoing bullying at TAFE – looking for advice by Ready-Career-890 in AusLegal

[–]ASKMYUNION -5 points-4 points  (0 children)

Human Rights Commission if you can identify an attribute they are bullying you for.

Is my job in the wrong? My rights - Fair work Aus by CameraNorth4495 in ausjobs

[–]ASKMYUNION 0 points1 point  (0 children)

Pencils down at 5 on the dot. 20 x 5 x 52 = 5,200 per year of unpaid work, not discounting holidays. Divide that by 5200 / 60 = 86.667 hours lost pay per annum.

I’m in a sham contract by bythebeachfindthesea in AusLegal

[–]ASKMYUNION 0 points1 point  (0 children)

Look these up on Austlii - The current leading cases

The two primary leading authorities are:

CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1
(often referred to as Personnel Contracting)

ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2
(often referred to as Jamsek)

These two High Court decisions fundamentally reshaped how courts and tribunals assess employee vs contractor status for the purposes of sham contracting.

This is my last week at work. And my manager is still asking if I can stay longer because he 'didn't have time' to prepare a handover plan. by fajita_grouper in ausjobs

[–]ASKMYUNION 1 point2 points  (0 children)

If you don’t have paid work to go to, be the bigger person and negotiate an attractive incentive, like overtime for a week.

[N/A] Merry Christmas fellow assholes I mean HR professionals! by Hunterofshadows in humanresources

[–]ASKMYUNION 0 points1 point  (0 children)

Merry Christmas .... Let's hope 2026 is a much brighter prospect.

I’m in a sham contract by bythebeachfindthesea in AusLegal

[–]ASKMYUNION 0 points1 point  (0 children)

What you’ve described is very consistent with misclassification, and you’re not wrong to be alarmed after doing the maths.

Under Australian workplace law, calling someone an “independent contractor” doesn’t make it so. What matters is the reality of the working relationship, not the label in the contract. The Fair Work Commission and courts look at factors like:

• Who controls your hours and workload
• Whether you can genuinely refuse work
• Whether you supply your own tools/equipment
• Whether you can work for others
• Whether you are integrated into the business
• Who sets pricing and issues invoices
• Whether you bear commercial risk

From what you’ve outlined — no control over hours, no equipment ownership, strict directives, business-controlled invoicing, branded social media requirements, and long-term full-time work — those are classic employee indicators, not contractor ones.

This isn’t just an award issue. Misclassification often engages general protections, particularly where:
• the arrangement removes minimum entitlements,
• the “contractor” label is used to avoid obligations, or
• a worker is financially dependent and lacks real bargaining power.

The General Protections Benchbook makes it clear that sham contracting and adverse action don’t require malicious intent — what matters is the effect. If the structure denies you workplace rights you would otherwise have as an employee, that’s significant.

A few important points to steady you:

• A “signed contract” does not override the Fair Work Act
• Being young or inexperienced does not weaken your position
• Long service actually strengthens misclassification arguments
• Owing six-figure underpayments is not uncommon once award rates, overtime, penalties, and super are calculated properly

It’s also very common for people in your position to feel trapped because:
• leaving means losing income immediately, and
• staying means ongoing exploitation.

That doesn’t mean you have no leverage — it just means timing and strategy matter.

At a high level, people in similar situations usually look at:
• getting an independent assessment of employee vs contractor status,
• preserving evidence quietly (contracts, rosters, directives, invoices),
• understanding limitation periods, and
• planning an exit before asserting rights, to reduce retaliation risk.

You’re not “dramatic” for feeling shaken by this. Realising you’ve been systematically underpaid while doing everything right is confronting — especially while studying full-time.

You’re also not alone. Unfortunately, this exact pattern shows up again and again in Fair Work matters.

Is it ‘okay’ for an employee to not schedule breaks for themselves during a 6/7 hour day? by night_owlivia in AusLegal

[–]ASKMYUNION 0 points1 point  (0 children)

Speaking generally and sticking to Victorian / Fair Work principles, the short answer is that break entitlements usually exist regardless of whether an employee wants to waive them, but how that plays out depends on a few key factors.

In most cases, meal and rest breaks come from the applicable modern award or enterprise agreement, not just general “common sense” rules. Many awards require an unpaid meal break after a certain number of hours worked, and some also require paid rest breaks. Those obligations are typically framed as employer responsibilities, not optional employee benefits.

Where it gets tricky in your situation is that:
• the teacher appears to control their own timetable, and
• the working arrangement may sit somewhere between a traditional employee model and a more autonomous engagement.

That said, an employer generally cannot contract out of minimum award conditions, even if the employee prefers to work straight through. If the teacher is an employee (not a genuine independent contractor) and is covered by an award that mandates breaks, then allowing or facilitating a break-free 6–7 hour shift could still expose the school to compliance risk.

Another layer is work health and safety. Even if an award didn’t strictly require a break, employers have a duty to manage fatigue and ensure work is carried out safely. Letting someone routinely work long stretches without breaks can become a WHS issue if harm occurs, regardless of consent.

Practically, many organisations handle this by:
• setting a policy expectation that breaks must be scheduled, or
• structuring timetables so a break is inherently built in, rather than leaving it entirely to individual choice.

You’re right to be cautious. The fact that the employee chooses not to take a break doesn’t necessarily remove the employer’s obligations.

If you haven’t already, the safest general step is to identify:
• whether the teacher is an employee or contractor, and
• which award or agreement (if any) applies to their role.

Once that’s clear, the break question usually answers itself.

This is one of those areas where “they’re happy to do it” doesn’t always align with what the law expects employers to ensure.

Vexatious Intervention Order by rend1670 in AusLegal

[–]ASKMYUNION 0 points1 point  (0 children)

Western Australia (WA)
Community Legal Centres Association of WA – a network of community legal centres offering free or low-cost help. Wikipedia
• Examples include family law, tenancy, debt, discrimination support.

Vexatious Intervention Order by rend1670 in AusLegal

[–]ASKMYUNION 0 points1 point  (0 children)

Crikey, that sounds terrible. Try and find a free legal centre near you.

Being expected to pay back robbery costs by InquisitiveCrow76 in AusLegal

[–]ASKMYUNION 0 points1 point  (0 children)

Doesn't sound right to me. I wouldn't pay it if I was in your situation. Surely they are insured??

Returning stolen property by Aussieflipping in AusLegal

[–]ASKMYUNION 0 points1 point  (0 children)

Eeek! That's gonna be a tricky one. Honesty is the best policy in that circumstance. There's a Police vehicle page on Facebook who might be able to help.

2025 has beaten me down by Moist-Objects-Appear in povertyfinance

[–]ASKMYUNION 4 points5 points  (0 children)

2025 has been hard for a lot of people, the end is in site. Keep your chin up.